1. About these Terms and Conditions
1.1. These Terms and Conditions (the “Conditions”) form the whole of our ‘Agreement’ with you.
1.2. In these Conditions ‘we’ and ‘us’ means Training for Construction Ltd (Company Registration Number 9217052) known as Training for Construction Ltd; ‘you’ means the individual or organisation Booking a Course, under these Conditions; ‘Booking’ means a request by you to book a Course with us; ‘Consumer’ means any natural person who, in contracts to which the Consumer Protection (Distance Selling) Regulations 2000 apply, is acting for purposes which are outside his business; ‘Course’ means a Training for Construction Ltd course; ‘Credit Account’ means a prearranged credit account with us; ‘Delegate’ means an individual enrolled on a Course by you; ‘Equality Policy’ means our policy to ensure that no individual receives less favourable treatment than any other on the grounds of sex, race, colour, nationality, ethnic origin, religion/ belief, age, marital status, sexual orientation, political belief, disability, irrelevant offending background or for any other reason which cannot be objectively justified; ‘Reasonable Adjustments’ means reasonable adjustments either in accordance with relevant equal opportunities legislation or as part of what we deem to be good practice.
1.3. These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking to the exclusion of any other terms and conditions.
2.1. Subject to clause 2.2, you may make a Booking on our website or by telephoning our Bookings Staff on 020 8887 9466.
2.2. Booking a course shall be regarded as an offer by you to book a course under these conditions.
2.3. As soon as is reasonably practicable, you shall provide us with any special requirements a Delegate may have, particularly with regard to diet, mobility and access.
3.1. Acceptance of your offer will take place on sending you email confirmation of your Booking. Our acceptance of your Booking brings into existence a legally binding Agreement between us, agreeing to our Terms and Conditions.
3.2. Joining instructions will also be sent as part of the email confirmation. If you have booked over the phone and do not receive the joining instructions within 7 days of the Course start date you must notify us immediately. We do not send out Joining Instructions until payment is received in full.
4.1. A standard Course price is as listed in our published price list. We reserve the right to change prices listed without notice.
4.2. The price of a bespoke Course is as confirmed by us in writing.
4.3. Course prices do not include meals (unless we notify you otherwise), travel, parking costs or any other cost incurred as a result of or in connection with a Course
4.4. Value Added Tax will be added to all taxable supplies at the current rate.
5.1. All payments must be made in UK sterling (GBP).
5.2. No payment shall be deemed to have been received until we have received cleared funds.
5.3. Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to:
5.3.1. Cancel the Agreement; and/or
5.3.2. Suspend the delivery of any other Course to you; and/or
5.3.3. Withhold the issue of any applicable Course certificate; and/or
5.3.4. Include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Lloyds Bank Plc. If we must recover the outstanding payment recovery costs are to be paid by you.
5.4.1. If not paying in full at the time of booking (for example: through a special agreement), the balance of the invoice must be received within 14 days of the date of our Invoice. If the Booking is made less than 21 days prior to the Course start date, it must be paid in full.
5.5. Credit Accounts:
5.5.1. Subject to Credit checks, for payment being made through an active Credit Account, the balance of the invoice must be received within 30 days of the date of our invoice or immediately if the Booking is made less than 21 days prior to the Course start date.
6.1. If you wish to transfer to an alternative date for the same Course your request must be made in an email to admin@email@example.com and you must ensure that your request:
6.1.1. Is received no less than 21 days before the original Course start date; and
6.1.2. State the date to which you wish to transfer to (which must be within twelve months of the original Course start date).
6.2. The transfer option set out in clause 6.1 can only be used once.
6.3. If you transfer to an alternative Course date you may not cancel your Booking under clause 8.
7.1. In the event you are a Consumer:
7.1.1. You have the right to cancel the Agreement and receive a refund. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the Agreement is concluded (this is the ‘Cooling Off Period’).
7.1.2. If the Course start date occurs within the Cooling Off Period your cancellation rights will end when the Course starts.
7.1.3. Your statutory rights are not affected.
7.2. Individuals & Credit Accounts: Subject to clause 7.1, if you wish to cancel a Booking and your cancellation is received:
7.2.1. More than 21 days before the Course start date we shall refund you the Course price (Deposit non- refundable)
7.2.2. Less than 21 days before the Course start date no refund shall be made.
8. Cancellation by us
8.1. All Courses are subject to availability and demand and it is your responsibility to confirm the status of a Course with our Bookings Staff prior to the Course start date.
8.2. We reserve the right at any time:
8.2.1. To cancel Courses and refund in full. No further liability will be accepted.
8.2.2. To vary Course dates, programmes, speakers and venues.
8.3. We shall endeavour to inform you as soon as possible of any Course cancellation or variation.
8.4. Although every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course description, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course where any such error or omission has occurred, even after we have accepted such a Booking.
9.1. Prior to a Delegate attending a Course it is your responsibility to bring these Conditions to their attention.
9.2. You agree to indemnify us in respect of any loss, damage or injury caused to the property of us, our employees or any third party by the conduct, act or omission of a Delegate.
9.3. Delegates shall be required to comply with all the rules, procedures, policies and guidelines in place at the Course venue and/or our premises, including but not limited to health and safety and security procedures and our
9.4. Delegates are not allowed to bring the following on to our premises:
9.4.1. Alcohol; or
9.4.2. Substance; or
9.4.3. Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object or gun or other firearm).
9.5. If we consider that a Delegate is not adhering to our Equality Policy and/or our ‘Dignity and Respect’ guidelines such Delegate may, at our sole discretion, be required to leave the Course and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.
9.6. If we consider that:
9.6.1. A Delegate is under the influence of alcohol or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; (summary of Substance Misuse Policy and Weapons Policy) and/or
9.6.2. A Delegate is a risk to the health and well-being of themselves and/or others; and/or
9.6.3. A Delegate’s Course attendance times are unacceptable; such Delegate shall be required to leave the Course and our premises (if applicable) immediately. Other than where a Delegate is required to leave for a reason outside their reasonable control, we shall not be liable for any refund or compensation in such circumstances.
9.7. Prior to making a Booking it is your responsibility to ensure that a Delegate has the:
9.7.1. Physical ability; and/or
9.7.2. Communication skills; and/or
9.7.3. Literacy and/or numeracy skills; that is/are required for a Delegate to attend and complete the Course on which they have been enrolled and for which we are not able to make Reasonable Adjustments.
9.8. If a Delegate does not possess the physical ability and/or the skills set out in clause 9.7 either:
9.8.1. In our reasonable opinion; and/ or
9.8.2. The Delegate’s opinion and we have not been able to make Reasonable Adjustments such Delegate shall be required to leave the Course and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.
9.9. If you and/or a Delegate have any doubts relating to the physical ability of a Delegate, reference should be made to a medical doctor. The onus is entirely with you and/ or the Delegate to ensure that the Delegate has the physical ability required to attend a Course.
9.10. Subject to clause 5.3.3, for those Courses where a Course certificate is ordinarily issued, a Course certificate shall be issued to a Delegate who has, in our opinion, successfully completed and attended any such Course and, if relevant, attained a sufficient level of competence.
9.11. 9.11 You shall forward on any issued Course certificate to the applicable Delegate.
10. Intellectual Property
10.1. The names, images and logos identifying Training for Construction Ltd are proprietary marks of Training for Construction Ltd.
10.2. All other trademarks, brand names, product names and titles and copyright used in our prospectus or the training material are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by Training for Construction Ltd in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
10.3. Copyright subsists in our literature (including our Course catalogue and training material) and no part of our literature may be reproduced in any form without our prior written consent.
11.1. Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.
11.2. Subject to clause 11.1 we shall not be liable to you:
11.2.1. For any indirect, special or consequential loss of any nature whatsoever; or
11.2.2. For any loss of profits, business, contracts, revenue, goodwill, contracts or anticipated savings or for any administrative inconvenience or disappointment.
11.3. Subject to clause 11.1, our liability to you in contract, tort or otherwise is limited to the Course price.
11.4. We accept no liability for any reliance placed upon the contents of any Course literature supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
11.5. We shall not be liable for any loss or damage caused to a Delegate’s vehicle on our premises unless caused by our wilful misconduct.
11.6. We shall not be liable to you and/or a Delegate for any loss or damage to property caused by an event outside our reasonable control (including the misconduct or negligence of another delegate) or where the Delegate remains in exclusive charge of the property concerned. Delegates are recommended to have insurance in place to cover loss, damage or theft of their personal effects and money.
11.7. We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident) and we shall be entitled to a reasonable extension of time for performing such obligations.
12. Data Protection
12.1. By booking a Course you consent to our processing the personal data you provide for the purposes set out in clause 12.3.
12.2. Where you provide us with an individual’s personal data you warrant and represent that you do so with their consent and that you have informed them of our identity and the purposes set out in clause for which their personal data will be processed.
12.3. We may use the personal data you provide for the purposes of administration (including Delegate registration and recording of qualifications); statistical analysis; customer services and keeping you and/or a Delegate informed of our products and services (if you and/or a Delegate do not wish to be contacted in this way you and/or a Delegate can contact us at any time).
12.4. We will abide by current data protection legislation at all times in the handling, processing and storage (if necessary) of personal information.
13.1. We do not store credit card details nor do we share customer details with any third parties. For online bookings, credit card information is handled separately through the payments system on our website (PayPal) and processed in accordance with the strict rules and legislation to which they are bound.
14.1. Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.
14.2. A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14.3. The headings in this Agreement shall not affect its interpretation.
14.4. If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability to you) the validity and enforceability of any other part of the Agreement will not be affected.
14.5. The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
15. How to contact us
15.1. You can contact our Bookings Staff by telephone on 020 8887 9466, by email on firstname.lastname@example.org or by post to: Bookings, Training for Construction Ltd, Unit 2B, Orbital Business Park, Argon Road, Edmonton, London N18 3BW. Our office hours are 07:00-16:45 Monday to Friday excluding public holidays (in England and Wales).